DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
Claim 13 is objected to because of the following informalities: The claimed subject matter “the light of interest” should be “a light of interest” since there is no antecedent basis. Appropriate correction is required.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-4, 9, 13-16, & 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over IMURA JP 2008185565 in view of SOULES CN 100468791.
With respect to claim 1, Imura teaches a spectroscopic device comprising:
at least one correction light source (fig 1, 3);
at least one entrance slit (fig 1,51) on which light of interest (fig 1, 21) and correction light (fig 1, 31) that has been emitted from the correction light source;
dispersion means section (fig 1, 52) that disperses, into dispersion images for each wavelength, the light of interest that has passed through the entrance slit during measurement of the light of interest “primary light” and the correction light “secondary light” that has passed through the entrance slit during wavelength correction “simultaneously measured” (pg. 6, ¶ 5, lines 8-9) (pg. 9, ¶ 5, lines 1-3) ;
a light receiving sensor (fig 1, 55) (pg. 12, ¶ 8) that receives the dispersion images for each wavelength by the dispersion means section and outputs an electric signal corresponding to an
intensity of received light; and
an arithmetic control section (fig 1, 51) “calculation control unit 6 (calculation control device)” (pg. performs a predetermined calculation that, during the wavelength correction “corrected” (pg. 12, ¶ 2, lines 20-25) obtains a shift amount “dλ” “wavelength change” “corrected” (pg. 12, ¶ 2, lines 20-25) of a light receiving position “change in relative position” (pg. 12, ¶ 2, lines 20-25) where the dispersion image based on the correction light “ultraviolet LED 31…form an image on the light receiving element array” (pg. 7, ¶ 6) is received from an initial position “change in relative position” (pg. 12, ¶ 2, lines 20-25) on the light receiving sensor and corrects wavelength “dλ .sub.A= 2 * dλ.sub.1 -dλ .sub.2 (1)” (pg. 13, ¶ 2) based on the shift amount.
Imura does not teach at least one optical filter that transmits a light ray of a specific wavelength band.
Soules, in the field of Ultraviolet LEDs, teaches an optical band pass filter which transmits a specific wavelength band for passing UV light from a light source (claim 23) (claim 10) (pg. 9, ¶ 13). At the time prior to the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to combine an optical filter with Imura’s UV LED as known mean to emit the desired UV light range.
With respect to claim 2 according to claim 1, the combination teaches the spectroscopic device wherein the arithmetic control section -obtains a shift amount for another wavelength “wavelength change amounts of the… the second-order diffracted” (pg. 13, ¶ 10 Imura) from a shift amount change in relative position” (pg. 12, ¶ 2, lines 20-25 Imura) of a light receiving position where each of a plurality of dispersion images is received from an initial position on the light receiving sensor for one correction light source.
With respect to claim 3 according to claim 1, the combination teaches the spectroscopic device wherein the arithmetic control section obtains a shift amount “dλ .sub.1” (pg. 13, ¶ 12 Imura) “wavelength change amounts of the first-order diffracted light and the second-order diffracted” (pg. 13, ¶ 10 Imura) for another wavelength from “a shift amount wavelength change amounts of the first-order diffracted light and the second-order diffracted” (pg. 13, ¶ 10 Imura) of a light receiving position where a first order dispersion image is received from an initial position on the light receiving sensor and a shift amount “dλ .sub.2” (pg. 13, ¶ 12 Imura) of a light receiving position where a second order dispersion image is received from an initial position on the light receiving sensor for one or a plurality of the correction light sources.
With respect to claim 4 according to claim 1, the combination teaches the spectroscopic device wherein the optical filter is a bandpass filter (pg. 9, ¶ 13 Soules) having at least one spectral transmission band.
With respect to claim 9 according to claim 1, the combination teaches the spectroscopic device further comprising a switcher means (fig1, 6) that allows “(light-on/ off operation) the light of interest “illumination unit 2” to enter the entrance slit during the measurement of the light of interest and allows the correction light “correction illumination unit 3” (pg. 5, ¶ 2, lines 4-8) to enter the entrance slit during the wavelength correction.
With respect to claim 13, the combination teaches a wavelength correction method comprising:
transmitting a light ray (fig 1, 3) of a specific wavelength band among light rays from at least one correction light source;
allowing light of interest to enter at least one entrance slit (fig 1, 51) during measurement of a light of interest (fig 1, 21) and allowing correction light (fig 1, 31) that has been emitted from the correction light source (fig 1, 31) and has transmitted through the optical filter to enter the entrance slit during wavelength correction;
dispersing (fig 1, 52) the light of interest “primary light” or the correction light “secondary light” passing through the entrance slit into dispersion images “simultaneously measured” (pg. 6, ¶ 5, lines 8-9) (pg. 9, ¶ 5, lines 1-3) for each wavelength;
receiving (fig 1, 55) (pg. 12, ¶ 8) the dispersed dispersion images for each wavelength in the dispersion step by a light receiving sensor and outputting an electric signal corresponding to an intensity of received light; and
obtaining a shift amount “dλ” “wavelength change” “corrected” (pg. 12, ¶ 2, lines 20-25) of a light receiving position where the dispersion image based on the correction light is received from an initial position “change in relative position” (pg. 12, ¶ 2, lines 20-25) on the light receiving sensor during the wavelength correction, and correcting wavelength “dλ .sub.A= 2 * dλ.sub.1 -dλ .sub.2 (1)” (pg. 13, ¶ 2) based on the shift amount.
Imura does not teach at least one optical filter that transmits a light ray of a specific wavelength band.
Soules, in the field of Ultraviolet LEDs, teaches an optical band pass filter which transmits a specific wavelength band for passing UV light from a light source (claim 23) (claim 10) (pg. 9, ¶ 13). At the time prior to the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to combine an optical filter with Imura’s UV LED as known mean to emit the desired UV light range.
With respect to claim 14 according to claim 13, the combination teaches the correction method wherein obtaining a shift amount for another wavelength “wavelength change amounts of the… the second-order diffracted” (pg. 13, ¶ 10 Imura) from a shift amount of a light receiving position where each of a plurality of dispersion images is received from an initial position “change in relative position” (pg. 12, ¶ 2, lines 20-25 Imura) on the light receiving sensor for one or a plurality of the correction light sources.
With respect to claim 15 according to claim 13, the combination teaches the correction method comprising obtaining a shift amount “dλ .sub.1” (pg. 13, ¶ 12 Imura) “wavelength change amounts of the first-order diffracted light and the second-order diffracted” (pg. 13, ¶ 10 Imura) for another wavelength from a shift amount of a light receiving position where a first order dispersion image is received from an initial position on the light receiving sensor and a shift amount dλ .sub.2” (pg. 13, ¶ 12 Imura) of a light receiving position where a second order dispersion image is received from an initial position on the light receiving sensor for one or a plurality of the correction light sources.
With respect to claim 16 according to claim 13, the combination teaches the wavelength correction method wherein the optical filter is a bandpass filter (pg. 9, ¶ 13 Soules) having at least one spectral transmission band.
With respect to claim 21 according to claim 13, the combination teaches the correction method further comprising allowing “(light-on/ off operation) the light of interest illumination unit 2” to enter the entrance slit during the measurement of the light of interest and allowing the correction light “correction illumination unit 3” to enter the entrance slit during the wavelength correction (pg. 5, ¶ 2, lines 4-8).
Allowable Subject Matter
Claims 5-8, 10-12, 17-20, & 22-24 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten to include all of the limitations of the base claim and any intervening claims or to include the limitation(s) and any intervening claims into the base claim. The following is a statement of reasons for the indication of allowable subject matter:
As to claim 5, the prior art of record, taken alone or in combination, fails to disclose or render obvious “wherein the optical filter is a sharp cut filter” , in combination with the rest of the limitations of claim 5.
As to claim 6, the prior art of record, taken alone or in combination, fails to disclose or render obvious “determines a light receiving position of any one of a peak wavelength, a central wavelength, and a centroid wavelength of the spectral transmission band as the light receiving position where the dispersion image is received” , in combination with the rest of the limitations of claim 6.
As to claim 7, the prior art of record, taken alone or in combination, fails to disclose or render obvious “determines a light receiving position of a cut wavelength of the spectral transmission band as the light receiving position where the
dispersion image is received” , in combination with the rest of the limitations of claim 7.
As to claim 8, the prior art of record, taken alone or in combination, fails to disclose or render obvious “determines a light receiving position of a cut wavelength of the sharp cut filter as the light receiving position where the dispersion
image is received” , in combination with the rest of the limitations of claim 8.
As to claim 10, the prior art of record, taken alone or in combination, fails to disclose or render obvious “a reflective plate disposed so as to be freely inserted into and retracted from an optical path of the light of interest entering the entrance slit, wherein the switcher retracts the reflective plate from the optical path of the light of interest during the measurement of the light of interest and advances the reflective plate into the optical path of the light of interest during the wavelength correction so that the correction light is reflected by the reflective plate to the entrance
slit” , in combination with the rest of the limitations of claim 10.
As to claim 12, the prior art of record, taken alone or in combination, fails to disclose or render obvious “light receiving/diffusing plate disposed in an optical path of the light of interest entering the entrance slit, the light receiving/diffusing plate transmitting the light of interest and diffusing and reflecting the correction light; and a light shielding plate disposed so as to be freely inserted into and retracted from the optical path of the light of
interest at an upstream side of the light receiving/diffusing plate” , in combination with the rest of the limitations of claim 12.
As to claim 17, the prior art of record, taken alone or in combination, fails to disclose or render obvious “wherein the optical filter is a sharp cut filter” , in combination with the rest of the limitations of claim 17.
As to claim 18, the prior art of record, taken alone or in combination, fails to disclose or render obvious “determining a
light receiving position of any one of a peak wavelength, a central wavelength, and a centroid wavelength of the spectral transmission band as the light receiving position where the dispersion image is received” , in combination with the rest of the limitations of claim 18.
As to claim 19, the prior art of record, taken alone or in combination, fails to disclose or render obvious “determining a
light receiving position of a cut wavelength of the spectral transmission band as the light receiving position where the dispersion image is received” , in combination with the rest of the limitations of claim 19.
As to claim 22, the prior art of record, taken alone or in combination, fails to disclose or render obvious “the spectroscopic device includes a reflective plate disposed so as to be freely inserted into and retracted from an optical path of the light of interest entering the entrance slit, and the method further comprising retracting the reflective plate from the optical path of the light of interest during the measurement of the light of interest and advancing the
reflective plate into the optical path of the light of interest during the wavelength correction so that the correction light is reflected by the reflective plate to the entrance slit” , in combination with the rest of the limitations of claim 22.
As to claim 24, the prior art of record, taken alone or in combination, fails to disclose or render obvious “the spectroscopic device includes: a light receiving/diffusing plate disposed in an optical path of the light of interest entering the entrance slit, the light receiving/diffusing plate transmitting the light of interest and diffusing and reflecting the correction light; and a light shielding plate disposed so as to be freely inserted into and retracted from the
optical path of the light of interest at an upstream side of the light receiving/diffusing plate” , in combination with the rest of the limitations of claim 24.
Conclusion
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/MAURICE C SMITH/Examiner, Art Unit 2877
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